JAG Case File #134
by Rising Sun
Summary: If this was the International Night for Insomniacs at least the UN could have said so!


Title: JAG Case File #134 

Author: Rising Sun

E-mail: jag@lucianstuff.every1.net

FF Updates: jagrslc-subscribe@yahoogroups.com

FF URL: http://www.geocities.com/jagrslc

Rated: PG-13

Classification: JAG Story/Adventure/Romance: Harm/Mac

Summary: If this was the International Night for Insomniacs at least the UN could have said so! 

Spoiler: Lifeline, Boomerang 2, Adversaries, Measure of Men, Adrift 2, Code Blue (And I do mean spoilers!)

Disclaimer: JAG characters portrayed belong to JAG, CBS and Paramount Television. No copyright infringement intended. All other characters depicted are purely fictional and any similarities to actual people are purely coincidental.

Feedback: Would be nice.

Story Written November 2001

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FOUR DAYS TO CHRISTMAS

1400 LOCAL

MAC'S OFFICE, JAG HEADQUARTERS

Mac's computer beeped she had mail and it was from the Admiral. She stopped what she was doing. The Admiral did not normally use the e-mail not for the office anyway. She clicked on the message.

TO: ALL MEMBERS OF STAFF

FROM: THE SECRETARY OF THE NAVY

SUBJECT: NAVY FRATERNIZATION POLICY

In this season of peace and good will it is incumbent upon us to be aware of protocols and expected modes of behavior. Therefore please find attached a memorandum dated May 1999 as issued by my processor. The position of the Navy has not changed since the issuance of this memorandum.

_May God Bless_

_Signed - Secretary of the Navy._

Mac remembered the document but read the attachment anyway. What had prompted the re-issue of it? She made note and returned to work.

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2300 LOCAL

MAC'S APARTMENT

It had been a long day and Mac was tired. She finally closed the case file and headed to be. The e-mail from the SECNAV came to mind as she brushed her teeth and it was still a mystery as to why the memo had been circulated. Fraternization must be getting to be a problem if memos were being re-issued.

She turned off the light and went to bed.

[DREAM SEQUENCE]

1300 LOCAL

JAG COURT ROOM

Mac sprang to her feet "Your Honor, Commander Rabb has failed to produce sufficient evidence to lead a reasonable person to conclude..."

Harm cut across her, "Your Honor, Counsel is not an expert on what reasonable people conclude."

"To lead a reasonable person to conclude the chain of command was compromised. Therefore the defense moves that this court enter a finding of 'not guilty' on the charge of fraternization." She completed her statement.

"Your Honor, Ensign Leland testified that he told Lt. Bayer that he loved her. She should have reported it immediately to her CO." He explained.

Not to be out done Mac said "She counseled him like a good officer should."

"She led him on. He believed they had a relationship." Harm continued.

Mac was getting exasperated "Well, they did-- a working relationship. Anything more was in Ensign Leland's mind."

Harm glared at Mac and glared right back. He tried a different approach, "Come on. The little glances, the innuendo, the intimate conversations."

"All in his mind." She replied, "He mistook kindness and friendship for romantic interest."

Harm was incredulous "Kindness? Is it kind to let somebody believe you love them when you don't?"

"Of course not. But that is not what…" This time the Judge cut across her. "Counselors! The government has satisfied its obligation to establish a prima facie case. The defendant's motion for a finding of not guilty is denied. We'll start with the defense Monday at zero nine hundred. Court is in recess." Bang! Went the gavel.

[END OF DREAM SEQUENCE]

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0109 LOCAL

MAC'S APARTMENT

"Harm?" Mac called. She had awoken in a sweat. What the hell had that been about? The dream was about another officer but it was oh so close to home… and whom does she call even in her sleep? HARM!

She hit the pillow a couple of times and tried to sleep. It finally came fifty minutes later.

[DREAM SEQUENCE]

1130 ZULU

SYDNEY HARBOR

"I can't believe your wearing a formal dress uniform," Mac commented as she and Mic Brumby walked along the outside of the ferry.

"Special occasions call for special attire," He replied.

"We're just having dinner."

"We're having more than that," he disagreed.

"Don't assume, remember?" she chided him. 

As they climbed a small flight of steps, he said, "I'm not. I'm talking about having a serious discussion…I know you like me."

She laughed and misunderstood, "Of course, I like you, Mic."

But Mic was serious he looked into her eyes, and then declared. "I'm in love with you, Sarah," 

Mac opened her mouth to say something but was stopped when he said, "Shhh..." he placed his hand lightly over her mouth to keep her from interrupting as she was about to speak again. "For once in your life just listen. I've loved you since the moment I first laid eyes on you. I've never acted so foolishly or ached so hard in my heart in all my life." 

One more time Mac attempted to stop him this time with a kiss, but he held firm. "No... let me finish, please; while I've got the strength." 

She finally conceded and noded. "I knew that getting you to love a knocker like me would take a miracle." He looks up at the star laden sky and she looks up, too. He points and said, "Look… I'm praying one will fall from the Southern Cross tonight," he slowly brought a diamond ring into her line of vision. 

"Oh, God. Ah...it's impossible, Mic," she was totally surprised.

"No. Once you would have said me holding you in my arms under the Southern Cross would be impossible," he countered.

"You're right," she conceded.

"I mean, I know it won't be easy," Mic acknowledged. "God knows we got a lot to work out: Your career; mine; but I'm willing to make any sacrifice...any...if you'd just be my wife."

"Ohhh," she said as they shared a kiss. She pulled away, "Hey...I need time to think."

"Absolutely," he agreed then, "Well?"

"More..." she laughed. "More time..."

"Wear my ring," he requested.

"I can't," Mac wailed.

"On your right hand," he picked up her right hand and slid the ring on. "Until you decide...then all you have to do is swap it over to the other...or not." He kissed her again... 

[END OF DREAM SEQUENCE]

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0310 LOCAL

MAC'S APARTMENT

For the second time that night Mac was jolted out of her sleep. Why did it suddenly feel that her life was on videotape and stuck in loop mode?

She got out of bed and headed for the kitchen, maybe some warm milk was the solution. A few minutes later she returned to bed in an effort to get some sleep.

[DREAM SEQUENCE]

1936 LOCAL

MC MURPHY'S BAR

The ladies were seated at a table. Carolyn could take it no more she just HAD to know, so she asked, "So, Jordan, what's he like?"

"Harm?" She replied, "He's a nice guy - intelligent, funny and a good cook."

She had misunderstood so she tried again. "No, I mean, uh, you know. . . ."

The light went on "Oh, well. . . ." She turned to Mac "What would you say?"

Mac nearly chocked on the drink, "Me? Don't ask me. We've never. . . . "

Carolyn was having none of it "Come on. Don't give us that!"

Mac was on the defensive "No, it's the truth."

Carolyn was still skeptical "All that time you've been together - Japan, Russia, the desert?"

"Nothing happened." Mac assured her. She turned to Jordan "Jordan, you believe me, don't you?"

"Oh, of course... dear." then snickers with Carolyn.

Mac relaxed a bit "You two are bad." 

They finished the drinks and ordered another round. Mac and Jordan decided to try their hand at a game of darts. 

"You know, I envy you. You've got this hot new romance." Mac said and meant it.

"Sometimes I think it will last forever. Sometimes I think it will last until. . . ." she faltered.

"Until what?" Mac encouraged.

Jordan took the plunge "Until you decide you want him." She confessed.

Mac was shocked "Jordan, um, there isn't. . . .First of all, I've had enough of men for a while. For the foreseeable future, I'm a nun. And second, it's not like that between me and Harm. We're like - I'm not going to say brother and sister..."

"Thank you."

[END OF DREAM SEQUENCE]

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0531 LOCAL

MAC'S APARTMENT

There was no need to check the clock. It was 0531 and Mac finally conceded that she was not going to get any REM sleep. May was well take her early morning jog.

She got out of bed and prepared.

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2250 LOCAL

HARM'S APARTMENT

The game was finally over. He stood and a paper fell, he picked it up and saw it was the memo from the SECNAV.

He felt as if the memo had been addressed to him personally and not to the corps in general. A guilty conscience will do that to you. Well not guilty but defiantly guilty of emotions.

He would have to be on the alert this Christmas season. He placed the e-mail on the counter and went to bed.

[DREAM SEQUENCE]

1130 ZULU

SYDNEY HARBOR

He and Mac were on the ferry, heading for dinner.

Harm: In any language, what man understands a woman?

Mac: You're referring to me? Oh, let me guess, you don't understand why I was at the beach with Mic.

Harm: That opera house is beautiful isn't it?

Mac: Smashing. So, what bothered you that I went to the beach with Mic or that you thought I was topless? 

Harm: You weren't?

Mac: Harmon Rabb! You're a prude!

Harm: I am not! Look, I don't care if you wanna go topless.

Mac: You do if it's in front of Mic.

Harm: You work with the guy Mac! You wouldn't go topless in front of me would you? 

Mac: Is that a request? 

Harm: (as they pass the bridge) You know they wrote eternity on this bridge on New Year's Eve?

Mac: Is that how long we're going to wait?

Harm: Mac... 

Mac: We're not in Washington anymore; we're not even on the same continent.

Harm: That doesn't change who we are. 

Mac: Most men would disagree with you.

Harm: I know… I disagree with me sometimes too.

Mac: But you still can't let go.

Harm: Not yet.

Mac: You're just like this with me aren't you? 

Harm: Yeah, only with you. 

Mac: I suppose I should be flattered.

Harm: You should Sarah. 

[END OF DREAM SEQUENCE]

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0150 LOCAL

HARM'S APARTMENT

Harm woke with a start. That night on the Ferry would haunt him till the day he died. "Oh Mac!" He agonized. "What have I done!"

He rolled over and buried his face in the pillow and prayed for sleep.

[DREAM SEQUENCE]

1600 LOCAL

USS GUADALCANAL - MAC'S CABIN

Harm popped his head through the door to Mac's cabin "May I come in?"

"Sure." She said.

He stepped in and said, "You know why I requested this assignment? " he can't focus in her looks all around, everywhere but directly at her.

"No"

"Because I needed to talk to you and I knew you weren't going to call me back. I don't get it Mac. When Brumby left you asked for my help." He said.

"I'm handling it." Mac assured him.

"Halfway around the world.: He pointed out.

"It seemed like the right thing to do." She replied.

He pointed out, "You're running Mac. What's going on?"

"Nothing."

"Then let me in--tell me what you're feeling!" He begged.

She focused on him, "Pressured. Why are you doing this?"

"Because I told you I would."

"Wait a minute." She stopped him "You're talking to me now because you're guilty about not doing it then?"

"You're angry at me? Renee's father died!" he explained.

"If he hadn't?"

"We would have talked." He confirmed.

"About what?"

"About us."

"That's why I left--there is no us." She snapped, "There's you and Renee." She suddenly asked, "What would you give up to have me? Mic gave up the Navy and his country. Would you sacrifice your girlfriend?"

"What you're testing me?" He couldn't believe it.

She persisted. "Well would you?"

"What if I did?" He challenged.

"Answer the question"

"As long as you answer mine"

Mac shook her head "I am so sick of this dance." She moved away from him, and unknown to Harm leaves the cabin.

"Yeah I would." He said, "I would give her up." He turned only to find that he was all-alone.

[END OF DREAM SEQUENCE]

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0301 LOCAL

HARM'S APARTMENT

Yet another nightmare woke Harm from his fitful sleep. He grabbed the clock on his nightstand. He groaned it was three in the morning! He had court later that day and if he didn't get some zzz Mac was going to maul him.

May be some milk would help. Then he remembered he had run out and forgot to buy. "Dam-it" He shouted.

[DREAM SEQUENCE]

1900 LOCAL

DULLES INTERNATIONAL AIRPORT

Mac stood and watched Mic Brumby walk out of her life. She reached for her cell phone and dialed…. and heard him on the other end the whole sorry episode poured out.

"Better now than six months into the marriage" he said.

That was not what she wanted to hear "Okay, I'm hanging up now." She said.

He was concerned and had to think fast, "Mac, where are you going?"

"I don't know."

"Come to me." He caressed her with his voice.

"Why?" Mac demanded.

"So we can talk."

Thinking of Australia she replied, "We've already talked."

"Don't argue with me." He admonished.

"I need a better reason." [I really do] she thought.

"You know the reason." He said softly, there was a moment of no reply. "Mac?"

"I'm here." She replied.

"I'm waiting." He said.

[END OF DREAM SEQUENCE]

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0513 LOCAL

HARM'S APARTMENT

That did it! If this was the International Night for Insomniacs at least the UN could have said so! He had not had enough sleep and he was red eyed, tired and irritable. Also he was out of milk. He decided to kill tow birds with one stone and run for the milk.

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0543 LOCAL

IN THE PARK

Harm had got into a rhythm and was enjoying the last few miles of his run. He turned as another runner approached from behind. It was Mac. His heart skipped a beat.

" Keeping up a pretty good pace for an old man." She panted.

"The last couple of miles are a cool down." He said.

"Oh, really. How far are you going today?" She was curious.

"The usual, ten miles. You?" He replied.

"The usual, fifteen." She shouted as she sprinted away "See you in Court!"

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0815 LOCAL

JAG HEADQUARTERS

"You sent for us sir?" Mac and Harm entered as their CO signaled them to enter.

"Have a case for you." He handed the file to Mac. Case of fraternization, hence the cryptic e-mail from SECNAV yesterday. 

At the word fraternization Harm turned pale. AJ noticed that Rabb suddenly didn't look well. "You ok Rabb?"

"Yes sir. I'm fine sir."

Mac looked across he really didn't look well. The Admiral continued. "There has been a report of improper behavior between a Lt. Paul Bayer and an Ensign Esther Leland of the USS John Wayne. I want to know what happened and if the chain of command has been compromised."

"Aye sir." They chorused.

"How's your present case going Colonel."

"Should be finished today sir." She assured him.

"Good cause you and the Commander here fly out to the John Wayne this afternoon."

"Yes sir." She replied.

"Dismissed."

"Aye sir." They chorused.

**THE END**

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UCMJ Article 134. GENERAL ARTICLE/ Fraternization 

4.84.2 b. Elements. 

(1) That the accused was a commissioned or warrant officer; 

(2) That the accused fraternized on terms of military equality with one or more certain enlisted member(s) in a certain manner; 

(3) That the accused then knew the person(s) to be (an) enlisted member(s); 

(4) That such fraternization violated the custom of the accused's service that officers shall not fraternize with enlisted members on terms of military equality; and 

(5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. 


End file.
